The High Court in Kerugoya on Thursday dismissed NARC-Kenya Party leader Martha Karua's petition seeking to have the entire election nullified.
The Court also directed Karua to cater for the costs of the application.
Judge Lucy Gitari ruled that the application lacked merit and didn't raise any substantive issue of law to necessitate the formation of a three-judge bench.
Lady Justice Gitari pointed that the matter the petitioner was raising can be well adjudicated through the petition she has filed in the same court to challenge Waiguru’s win.
The judge noted that the Supreme Court judgment on Presidential election cannot be applied wholesale since each election has its own merits and demerits.
Judge Gitari noted that election petition court has its unique duties and it’s illegal to usurp its jurisdiction.
She, however, did not give orders to preserve KIEMs and other election material which the petitioner had requested pointing out that the petitioner should first file her application officially and serve the respondent within seven days.
The former Justice Minister had filed a case requesting the court to cancel the entire August 8 General Election.
In her suit, Karua argued that the Supreme Court decision to nullify the presidential election meant the whole process was flawed.
Through lawyer Gitobu Imanyara, Karua stated that the lower courts were bound by the Supreme Court decision.
She maintained that the election was conducted as one entity, therefore, the nullification of the presidential one meant that results for the other five positions should also be canceled.
The NARC-Kenya leader asked the matter to be directed to Chief Justice David Maraga so that he can constitute a three-judge bench to hear the case.
